Antigua: information for victims of rape and sexual assault

If you’ve been sexually assaulted it’s important to remember that it was not your fault. Rape and sexual assault is always wrong – no matter who commits it or where it happens. It is traumatic and it can affect you both physically and emotionally. Do not be afraid to get help.

This information is provided to help British nationals overseas make informed decisions about whether and how to:

• seek medical advice and attention

• report to local police

• engage with foreign legal authorities following a rape or other form of sexual assault overseas.

For information on support available in the UK, see Rape and Sexual Assault: Returning to the UK.

First steps

It is your choice about what you do next, but this information may help you in coming to a decision. The most important thing is to make sure that you are as safe as you can be. You can:

• contact the emergency number on 911

• contact your tour operator if you are travelling with one

• contact your nearest British embassy, high commission or consulate – 1 (246) 430 7800 and select the option for consular assistance or Toll Free number: 18007444120. Embassy staff will be empathetic, and non-judgmental, and can provide information on local police and medical procedures. Anything you tell them will be treated in the strictest confidence. They can contact your family or friends for you if you wish.

If you want to report the incident to the police in Antigua

• if you have a tour operator, they should be able to arrange for someone to support you. If you are in an area where there is a British embassy or consulate, they will try to send a consular officer to support you, where timing and location allow. You will always be able to speak to trained consular staff on the telephone 24/7.

• if you approach the police directly, you can also ask them to inform the nearest British embassy or consulate on +1 246 430 7800 and they can offer you consular support.

• if you choose to report the crime, try to do so as soon as possible, so forensic evidence can be retained. Washing yourself or your clothes may make it difficult for the police to obtain forensic evidence. If you change your clothes, think about taking those you were wearing to the police. You may wish to preserve evidence by retaining items such as condoms, toothbrushes, or texts.

• tell the police if you think you have been drugged.

• insist you get a police report, and request a translation in English if applicable.

• there is no risk towards reporting the crime to the local police. However, buggery is prohibited by law. According to law, drinking is only deemed illegal on the countries election day.

• there will be both male and female police officers to speak to. Where the victim’s language is not English, the relevant embassy will be contacted to provide an interpreter. Persons will have to wait until the interpreter arrives so as to avoid any misunderstandings or miscommunications. Investigations are led by the local police.

• any physical and testimonial evidence of the crime reported will be required by the police to assist in the investigation. This includes but is not limited to, the clothing worn during the crime, medical examination, and a detailed account of the offense.

• once the consular section is made aware of your circumstances, a consular officer will endeavour to contact you as soon as possible, or you may contact us while at the police station for assistance. Once contact is made with the consular officer, they will also endeavour to ensure you have access this RSA guide.

• a victim will not be required to hand over their passport during the investigation.

• a lawyer is not required by the victim, as prosecution would be conducted through the Department of Public Prosecutions.

If you do not want to report the incident to the police in Antigua

• the British embassy or consulate will be able to help you. This includes helping you to contact your insurance company, your family, making arrangements to travel back to the UK and/or provide you with information on local support in the UK.

• they can provide you with lists of English-speaking medical facilities, lawyers and translators.

• if you are travelling with one, you can report the incident to your tour operator and ask them for assistance. If you wish, the tour operator may accompany you to the local hospital.

• it is your choice on whether to report the crime, but if you don’t report it, your case may not be investigated.

• you do not have to be report the crime in country, however, the local police recommends that it is reported in country to preserve the best evidence possible. It may also be difficult for local police to investigate the crime if not reported whilst in country.

• if you do not report the crime, you are still able to seek medical attention from either public or private medical facilities, also the Gender Affairs Division is able to provide assistance as well. Through the Gender Affairs Division, with your consent, a sexual assault kit will be completed and stored until which time you decide you would like to proceed with legal action.

If you want to report the incident to the police in the UK

• the support available to you, and your access to justice may vary according to where you report the crime. In many countries, you need to report the crime before you leave the country, if you want it to be investigated and police to obtain important evidence.

• if you are staying in the country where the crime took place, you should report the crime in that country. If you are a British national and you need help to report the crime, you can contact the nearest British embassy, high commission or consulate, or the Foreign, Commonwealth & Development Office in London.

• if you do not report the crime in the country where it happened and you return to the UK, you can still report the matter to your local UK police.

• the UK police should send the information you provide to the country where the crime happened. However, it is for foreign police forces to decide whether to investigate a crime in their jurisdiction and they may not take action.
• you can report the crime to the UK police even if you are not seeking an investigation abroad. The UK police can offer you access to victim support in the UK. They may still send some details of the crime to police in the country where it happened. This might be necessary in order to protect vulnerable people, or to stop more crimes being committed.

Reporting the crime in Antigua - what happens next?

• if you choose to report the crime, try to do so as soon as possible, so forensic evidence can be retained.

• washing yourself or your clothes may make it difficult for the police to obtain forensic evidence.

• if you change your clothes, think about taking those you were wearing to the police. You may wish to preserve evidence by retaining items such as condoms, toothbrushes, or texts and social media messages.

• tell the police if you think you have been drugged.

• insist you get a police report, and request a translation in English if applicable.

• you will be expected to make a statement about the incident including a description of the attacker(s).

• the police will keep any clothing and physical evidence which may be evidence of your attack to present to a forensic examiner.

• you will be taken the district doctor responsible for the district in which the offense happened or to Gender Affairs for examination and counselling.

• the local police would inform the British High Commission of the assault.

• the local police would not request a police check on the victim as a common practice.

The medical examination – what to expect

• CID officers are contacted and the examination is done at the health center in the area where the offense took place; however, the doctor may ask to use the general hospital facilities.

• if the victim goes to the the public hospital they will automatically report the results to the police, particularly when the crime has already been reported. If the crime has yet to be reported the hospital may call the police on the victims behalf.

• the district medical officer in the area in which the incident occurs will carry out the examination. A physical examination will be conducted, lab and blood samples taken, and a rape kit (steps 1 – 14), along with any other necessary examination as determined by the medical practicioner. Photographs are generally taken of the injuries.

• once the crime is reported to the police, local tour operators / police will accompany you to the hospital.

However, the consular section at the British High Commission can arrange to see you at your earliest convenience with your consent. If you have not sought medical attention and would like to do so we can assist in making arrangements. We can also contact friends and family on your behalf and any organizations that may be able to provide assistance.

Treatment

• hospital medical staff and the Infection control department can give advice on HIV PEP medication (‘Post-exposure prophylaxis’, a treatment that can prevent HIV infection). PEP is available locally through the Clinical care coordinator assigned to your case. It is both medically prescribed and closely monitored.

• HIV PEP medication needs to be taken within 72 hours of the incident for it to be effective. The NHS may be able to commence or continue the 28 day treatment on return to the UK.

• you can access emergency contraception through the A & B Family Planning Association with a small fee attached. A prescription is not required for access

• emergency contraception needs to be taken within 72 hours of the incident for it to be effective.

• hospital treatment and tests are paid for by the individual or through insurance.

• if you have had medication administered overseas, you may wish to keep the label or make a note of the name of the medication, so that you let your local health provider know when you return home.

Police investigations in Antigua – what to expect

• the Police will not take the victim to the scene of the crime, unless ordered by the judge presiding over the case in unique circumstances.

*if a suspect is brought to the police station the victim will be asked to identify the suspect generally through an ID Parade.Your identity will be protected.

• it is the mandate of the police to complete the investigation within 3 to 4 months, at which time the case would then appear before the public prosecutor. After this, the case will enter the committal stage at the Magistrate Court for assizes.

• the victim will be expected to go before the public prosecutor to make a statement once the matter is being heard. The lawyers cannot do this. The lawyers have access to the victim/case notes at this stage (however, all requests for notes are made through the Commissioner of Police).

• victim(s) will be allowed to leave the country once the case is filed.

Court procedures – what to expect

• the victim will be expected to testify in court during the trial. Currently the victim is expected to return to the country to give testimony

• the victim is entitled to be kept aware of the case. This can be done through the British High Commission or local police. Hiring a lawyer can protect your legal interest within the justice system but it is not a requirement.

• once the statement has been given there is generally no need to give an additional statement.

• the victim may drop charges once filed without the fear of any legal repercussions. Furthermore, there are no legal consequences for dropping charges. The charge of rape is not an automatic state prosecuted charge, the prosecution can drop the charges depending on the evidence presented.

• the assailant cannot press counter charges.

• the courts cannot order the offender to pay compensation in the criminal court, however, a civil case can be brought before the courts once it has been heard and convicted in the criminal courts.

• there is no state funded scheme for this case type to cover compensation for physical or psychological injuries suffered as a result of violent crime.

How can my case be taken to trial?

• there is no need for the victim to file anything or to make filings as their witness statement to the police is sufficient.

Trial procedures

• there is no set time to determine when a trial will be started, however the victim is generally informed once a date has been set. The trial will be conducted in English

• the victim doesn’t need to be present at every court sessions but could potentially be called for the committal hearing. The trial however may be the only required stage where the victim’s presence is necessary. Currently the victim is required to return to the country to give testimony.

• the country concerned may assist with travel and accommodation arrangements, however, no other support will be provided.

• it can take approximately two (2) to three (3) years for a case to come to trial. The trials length is dependent on multiple factors which mainly involve the defendant. If there is a point of law or an occurrence during the trial the defendant may have the right to appeal. There are two appellant levels to which the defendant could be heard.

Communication

• the Director of Public Prosecutions office would communicate with the victim at different stages of the proceedings e.g. to inform of trial date and to arrange for testimony.

• if the victim is not resident in-country then the Director of Public Prosecution’s office will still maintain contact however, the Consular section at the British High Commission could follow up on behalf of the victim to provide updates.

Legal Aid

• legal aid is not available for victims as a lawyer is not required.

Sentencing

• sentences for this case type are weighted in favour of punishment.

• the perpetrator in this case type would be guilty of ’crime against the person’.

• judges are able to pass down sentences of imprisonment.

• if the alleged perpetrator is found not guilty, they are released.

Compensation

• the courts cannot order the offender to pay compensation in the criminal court, however, civil court has the ability to do so once the case has been tried in the criminal court.

• there is no state-funded compensation scheme for persons who have suffered injury as a result of a sexual or violent crime.

When you return home to the UK

• you may want to let your GP or a Sexual Assault Referral Centre (SARC) know what has happened to you so that you can talk about the experience and seek further support and advice where you live.

England

See NHS Choices website, or search the internet for NHS SARC.

Scotland

See Archway SARC or phone 0141 211 8175

Wales

See New Pathways SARC , YNYS Staff Sexual Assault Referral Centre , NHS Sexual Assault Referral Centre or phone 01685 379 310.

Northern Ireland

See Rowan SARC Northern Ireland or phone 0800 389 4424

• If you believe you may be at risk of having contracted a sexually-transmitted infection (STI), you should ask your local health provider to test you, even if you have been tested in the country that the assault took place in.

• It is highly dependent on the case as to whether the local police will inform the UK police but not mandatory in every situation.

Support organisations in Antigua

• It is your choice to let people know. If you are ready to talk about it the following organisations may be able to help you.

Support And Referral Center (SARC)

Tel: +1 268 463 5555 Available 24 – Hours

Description of services offered * To provide quality care and services to all victims of gender-based and sexual violence from a holistic and client-centered approach.

Disclaimer

This information is provided by the British Government for the convenience of enquirers, but neither Her Majesty’s Government nor any official of the Consulate accept liability for any loss or damage which you might suffer as a result of relying on the information supplied. This information is not intended to be a substitute for professional medical or legal advice. Medical information has been provided by The Havens Sexual Assault Referral Centres of Kings College Hospital NHS Foundation Trust and The Rowan SARC NI and was accurate at the time of production.